Foroyaa Newspaper

Issue No.26/2004, 29-31 March, 2004

Editorial

PRESIDENT JAMMEH CHALLENGES THE OTHER

SIDE TO SHOW FARMS

DOES HE KNOW THE ABCS OF BEING A PRESIDENT?

During his address to the National Assembly on Thursday 25th March 2004, the
President said that he would be going on tour soon and would want to see the
farms of the other Political Leaders of the country as he takes the trail to
meet the farmers.

This leads us to wonder whether the President understands the ABCs of being
a Head of State.  It is important to point our that those who seek to be
head of state do not prove their worth by showing who the biggest absentee
landlord is among them; on the contrary, they have to show who has the best
programme to enable the people to produce bumper harvests and have markets
to sell their crops at fair prices.

Some National Assembly Members have established research centres and are
writing books that can bring foreign exchange to the country.  Others are
attracting investors to the country.

What the people want from the President is not to show how big his farm is
and how many people he engages to produce for him.  Anybody can occupy the
state house, and use one’s advantageous position to own thousands of
hectares of land, use cheap labour to produce and make money at the toilers’
expense.  What is difficult to do is to refuse to live extravagantly and
direct the resources derived from taxes to enable the producers to increase
their production and enhance their earnings.  What the farmers want to hear
is how they can get good seeds, cheaper fertilizer and farm implements,
markets and better prices for their crops.

What is required of a Head of State is clearly stipulated in the
Constitution.  Section 68 Subsection (4) of the Constitution states that



“The President shall not:

a)            “while he/she continues in office as President, hold any other
office of profit or emolument whether public or private, occupy any other
position carrying the right to remuneration for the rendering of services or
directly or indirectly carry on any trade, business or other undertaking…

b)            undertake any activity inconsistent with his/her official
position or expose himself/herself to any situation, which carries with it
the risk of a conflict developing between his/her official concerns and
his/her private interest;

c)                  use his/her position as such or use information
entrusted to or received by him/her in an official position directly or
indirectly to enrich himself/herself or any other person.”

In fact the Constitution went as far as to say that even though a President
may have engaged in business or may engage in horticulture, farming,
livestock or fishing, he can only continue doing so as President under a
trusteeship.

A President who has to read all bills, international agreements, policies,
reports, follow news and monitor the performance of all Departments of State
and the State of our external relations would not have time to organize
wrestling matches or personally run and supervise business enterprises.

What the President should have done but failed to do so is to state how many
tonnes of groundnuts have been produced and how much had been purchased.  He
deliberately left out the concrete picture of this year’s trade season and
decided to direct the attention of the people to trivial issues like farms
owned by leaders working to replace him.  This is the type of politics
President Jammeh needs to abandon if he is to promote decency and the
tackling of issues in Gambian politics.  Those who are fit to lead this
nation are those who can put national interest before personal interest.



INTERVIEW WITH HALIFA SALLAH ON THE

PAN AFRICAN PARLIAMENT

“With D44,000 spent on each of us excluding Air Ticket, I must constantly
assess whether the Parliament is a mere talking shop or an instrument for
Democracy and Development.  If it is a mere talking shop I will save the Tax
Payers money by Resigning.”

In an interview with Foroyaa, Halifa Sallah explained the developments
during the Inaugural Session of the Pan African Parliament, which took place
on 18-20th March 2004 at Addis Ababa, Ethiopia.

Halifa is one of the Pan African Parliamentarians.  Each country in Africa
is required to send 5 Parliamentarians.  The five Members of the Pan African
Parliament from The Gambia are, Mr. Halifa Sallah, Mr. Fabakary Tombong
Jatta, Mr. Khalifa Kambi, Mrs. Bintanding Jarju and Mr. Mama Kandeh.

Halifa indicated that the constitution of the African Union known as the
Constitutive Act created 9 organs of the Union.  He said that the key organs
are the Assembly of the Union comprising the Heads of Government and States,
the Executive Council comprising the Ministers of Foreign Affairs, the Pan
African Parliament comprising of five members from each Parliament and the
Court of Justice.

Halifa gave an insight on the provisions of the protocol establishing the
Pan African Parliament.  He said 40 countries out of 53 participated at the
inaugural meeting.  He made mention of the various interventions he made
starting from the regional consultation up to the end of the first session
during which he gave a speech, which Foroyaa will publish word for word.

Halifa assured Foroyaa that he would not enrich himself by collecting fat
allowances just for attending meetings as a Pan African Parliamentarian.  He
promised to resign if he is convinced that the Pan African Parliament is
nothing but a talking shop.

He told Foroyaa that he would be using whatever funds available to assist 15
students and to produce booklets and hold workshops to enlighten people on
the nature and role of the Pan African Parliament in particular and the
African Union in general.

See Next Issue for the details of the Interview and the Speech.



D-Day For Baba Jobe

Today is the day scheduled for the judgment of Baba Jobe in his trial for
economic crimes, which started more than four months ago, on 14th November
2003 to be precise.

On Thursday the 18th day of March 2004 when the prosecution ended their
address of the court Justice MA Paul, the trial judge, straight away
announced that judgment was slated for 29th day of March 2004.

It could be recalled that at the end of the first day of the defence’s
address, its leading counsel, Edward Gomez had applied for an adjournment to
allow his co-defence lawyer Lamin Jobarteh to continue to address the court
on the GPA and Customs Acts the following day. Justice Paul granted the
application.

The following day this reporter was reliably informed by some members of the
Bar that they were boycotting Justice Paul’s court, an act that was
confirmed when this reporter read the reaction of Justice MA Paul to a call
by the Bar Association for him to apologize.

On the 17th of March 2004 the prosecution was called to address the court
when the defence failed to appear. The DPP then dealt with his address of
the court on the 17th and 18th March 2004.

It is possible for the defence to ask the court to grant them the
opportunity to complete their address. Let us see what will happen today.



CUSTOMS/GPA & PRICE HIKES

How Increased Customs and GPA
Charges Contribute To Price Hikes
The Government of The Gambia relies heavily on taxation rather production to
raise revenue to meet its expenditure. Since it has budgeted a sum of 1500
million dalasis to meet its debt obligations when the total revenue for 2004
is estimated as 2200 million dalasis; since expenditure is projected to
exceed revenue substantially, the Government is doing all it can to squeeze
more out from a people who are already overburdened with tax. Below are
facts which show how sharp increases in import duties and port charges
contribute to the increase in prices.

Our investigation of importers has revealed the following:

GPA Handling Charges:

1)         For handling charges for 20 Foot containers in 2003 D504 was
paid. It has been increased to D1000 in 2004.

2)         The charge for 40 Foot containers in 2003 was D1008; in 2004 it
has been increased to D2000.

3)         Cars for which the charge was D165 in 2003 attract D750 in 2004.

In the past, the GPA authorities used to allow rent free storage facilities
for a period of five days. This has been reduced to three days.

Customs Duty:

1)         For 20 Foot containers of goods like tomatoes, cooking oil, etc.
in 2003 the charge was D31,000- D33,000. In 2004 it rose to D68,000.

2)         40 Foot containers on the same items that was D62 – 66,000 are
D100,000 and above in 2004.

3)         For 40 Foot containers of personal effects (second hand things
from Europe) 2003 D20-25,000 was paid in 2003 but in 2004 D78,000 and above
was paid.

4)         Cars for which D17-18,000 was paid in 2003, D20,000 and above is
paid in 2004.

Now within 12 weeks after implementing the new budget proposals, we are
witnessing the sharp price increases such as the following:

1.         Rice from D425-D550 and above per bag.

2.         Flour D800- D1000 plus per bag.

3.         Sugar D450-D550 per bag.

4.         Cup of vegetable oil D5-D6.

5.         Palm Oil D8-D10 per cup.

6.         Tomato Paste table spoon from 50 Bututs to D1.50.



BABA JOBE SUED
CATALOGUE OF BABA JOBE AND YDE CASES
Reports reaching this paper have it that Guaranty Trust Bank has instituted
legal action against Baba Jobe and the Youth Development Enterprise claiming
a colossal sum of money from the two defendants.

According to report, the suit is in respect of a loan the defendants
benefited from the aforesaid bank. The aforesaid bank has instituted another
legal action against Baba Jobe, Salifu K. Jaiteh, Momodou Fofana and the
Youth Development Enterprise.

That suit is in respect of a loan to Momodou Fofana of Jarra in which Salifu
K. Jaiteh and the erstwhile Majority Leader serve as guarantors.

The Standard Chartered Bank has also dragged the YDE to court claiming over
one million Dalasis from them.

The aforesaid cases are before Justice Savage of the Banjul High Court. The
High Court is supposed to deliver judgement on a case involving Baba Jobe,
YDE and Baba Kanteh today. The High Court presided over by Justice Paul is
supposed to hear a criminal matter involving Baba Jobe and the state.


BCC and NAWEC at Loggerheads
At the time of going to press the Banjul City Council reacted angrily to the
decision of NAWEC to disconnect their office from the mains supply. At a
press conference convened by the Mayor of Banjul on Saturday, March 27, 2004
he expressed his disgust at what was happening. He explained that at the
time of assuming office they inherited a debt owed to NAWEC amounting to D9
million while the government was owing them a similar amount on property
rates. This, he noted excludes an additional amount of D4 owed last year and
this year.  He revealed that BBC, NAWEC and government had a series of
meetings leading to an agreement to cancel each other’s debt. He showed
reporters correspondence to verify his claim. The documents indicate that
government had agreed to settle BBC’s NAWEC’s bill in a cross-debt
settlement plan amounting to nearly D8 milli.........

Comment: Time has not permitted us to talk to NAWEC management to get their
version of the story. Notwithstanding this it is essential to note that
NAWEC, BCC and the central government are all public institutions
established by law to serve the people either within their own locality or
nationally. All should continue with the dialogue and each should honour
one’s part of the bargain. Where one party finds it impossible to honour
agreement that part should take the initiative to sort it out through
dialogue, in the interest of Banjul and the nation. This is not the arena
for political chess games.


THE TRIAL OF BABA JOBE
PART 25
Mr. Agim again argued that the submission by the defence in their address
that non payment by the accused was unintentional is incorrect and is
contradicted by the evidence before the court; that further in their address
to the court the defence accepted that it is a fact that the accused had
made transactions with the GPA and Customs that are outstanding. The DPP
continued to submit that the lack of payment of Customs duties for all the
66 consignments of goods the accused imported into the country were
intentional and deliberate for the following reasons: (1) the first accused
had learnt of the fact that he is operating a credit account with the
Customs and that he had not been paying; that yet the accused continued to
apply for a direct delivery for all the 66 consignments. He added that hence
the accused did not make any attempt to make payment of cash for any
consignments; that secondly...

The DPP moved further again to say that is in an evidence before your
lordship here that there are two established customs procedures of taking
goods from Customs; that the first is to pay cash, after buying a SAD form
for D75; that the consignee fills the form and submit it with an invoice to
enable proper assessment for payment of what is rightly due; that the second
is on credit; that after buying a SAD form for the same D75 when filled by
the consignee, he attaches an application for a direct delivery to be sent
to the Director General of Customs for approval. The DPP submitted that this
process is a credit facility that enables importers to take out their goods
for a period of 7 to 45 days without paying. He cited the evidence of PW3
Momodou Tambajang and Malamin Sanyang PW5; that after the 7-45 days period
elapsed the importer is expected to pay back to the Customs and Excise
Departmen.....



THE TRIAL OF MOMODOU SOMA JOBE
Ex-Commissioner Jobe who is facing trial at the Farafenni Magistrates Court
on three counts of stealing was on Wednesday 24th March 2004 arraigned
before Magistrate Edrissa F. Mbye.

When the case was mentioned the Prosecutor Sgt. Jahateh applied to change
the second count which reads thus: That Modou Soma Jobe as Commissioner of
NBD stole three refrigerators valued at D19, 700. Now this count reads as
thus: That in his capacity as Commissioner, NBD, Modou Soma Jobe stole one
refrigerator marked Sharp valued at D7, 000.

The accused again pleaded not guilty to the charges.

At this point, Lawyer Jobarteh made an apology to the court for his absence
in last sittings. Jobarteh proceeded to file an application for the
witnesses to be recalled for cross-examination and also for the accused to
be issued with all witnesses statement as section 237 subsection 2 of the
CPC required.

In giving his ruling on the application of the defence lawyer, Magistrate
Mbye overruled the first application and the second one was admitted. The
prosecution was asked to supply defence with witness’s statement.

TESTIMONY OF SAIKOU JAITEH, THE FINANCE CLERK

In his testimony Saikou Jaiteh told the court that he did not follow the
financial instructions at the time of the purchase of the refrigerators. He
further confirmed that he did not prepare the L. P. O. and no voucher for
the purchase. He went on to say that even though he did not know the
registration number of the land rover he knows the inventory book of his
office has records of the said vehicle.

At this point, PW 3 was called. He identified himself as Seedy Bojang, a
mechanic from Pirang village. Mr. Bojang told the court that some time last
year (2003) one of his friends by the name Balo Saidykhan came to ask if he
is interested in buying a land rover which is at the Commissioner’s Office
in Kerewan. After some time again Mr. Saidykhan came and they went together
to Kerewan where he met the accused. Mr. Saidykhan said Bojang told him that
he would ask his boss so he can buy the vehicle. He then told him that the
price is D30, 000 (thirty thousand Dalasis). He said that he inspected the
vehicle and offered to pay D15, 000 (fifteen thousand Dalasis). He said that
the accused then asked him to pay to one person in an office within the
Commissioner’s Office. He said that payment was effected and the document
for the sale was prepared and handed over to the witness.

Mr. Bojang said that after one day he found a buyer who came from Senegal.
He said that the vehicle at the time was fully maintained and registration
number was obtained from the police. He said that he agreed to sell it to
this Senegalese who paid one million CFA Francs. Later the police came and
found out that he has sold this and bought another land rover.

When the police asked for the land rover, he said that he bought it from the
accused. He also said that before he could make any statement to them, they
proceeded and impound his land rover. The witness said that he produced the
certificate after buying the vehicle, which was prepared by the Secretary,
KAC.

The certificate was tendered and admitted in court after comparing the
chassis number on the certificate with the chassis number of the vehicle.
The witness told the court that had the police listened to him earlier, they
would not have brought this land rover.

The fourth prosecution witness was a Mauritanian businessman, Muhammad
Almamy. He told the court that the accused brought two hundred and forty
bags of sugar to him for D400 (four hundred Dalasis) per bag. He said that
the accused asked him to pay to one Mr. Sambujang Jagne, Chief of Upper
Baddibu.

According to Almamy the first payment made was D32, 000 (thirty two
thousand) to the chief and later paid D50, 000(fifty thousand Dalasis) to
the same chief. He made it clear to the court that the sugar that the police
impounded was not the right one. The sugar that the police took is from his
stores. He also blamed the police for taking a wrong consignment.

The case was adjourned to 8th April 2004.



MORE ARRESTS IN JARRA
Last Thursday night the Mansakonko Police in LRD arrested three more APRC
supporters. The three arrested are Mr. Saikouba Bojang alias Saikouba
Gambega, Afang Buramanding Fofana of Karantaba and Omar Waw Dibba also of
Karantaba.

Mr. Saikouba who is a Gambega Soma Depot Manager is very close to the
embattled Majority Leader, Baba K. Jobe. Mr. Bojang was until the time of
his arrest the person responsible for all of Baba Jobe’s businesses around
the provinces.

For Afang Buramanding he is said to be a relative of Baba Jobe and also
among the most active persons when it comes to politics in LRD. However, Mr.
Fofana holds no position in the civil service. He is said to be among the
infamous July 22 Movement and the APRC Youth Wing.

For Omar Waw Dibba he was a wealthy businessman during the PPP regime. At
that time Mr. Dibba used to run a petrol filling station and other
businesses.

According to the families of the arrested all were called by the police in
Mansakonko to report to the said station where on arrival were told that
they were under arrest.

According to sources close to the police, the order for the arrest of the
three men came from higher authorities.

When asked for their whereabouts this reporter was told that they were
handed over to the National Intelligence Agency in Banjul.

Many of those close to Baba Jobe in Jarra are very much uneasy for fear of
being arrested because since the arrest and detention of Majority Leader,
Baba Jobe lot of arrests have been made in Jarra. Many of those who were
arrested before were later freed without any charges preferred against them.
This has led many to believe that Jarra is being witch-hunted. They are
calling on the APRC government to understand that Baba Jobe was their choice
of candidate under APRC ticket. This does not mean that without Baba Jobe
they will not be supporting APRC but the way things are going on now can
make them change their allegiance to other parties.

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